Railways Clauses Consolidation Act 1845

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Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Railways Clauses Consolidation Act 1845. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Railways Clauses Consolidation Act 1845 1845 CHAPTER 20 8 and 9 Vict An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways. [8th May 1845] Modifications etc. (not altering text) C1 Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2; S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1) C2 References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. V, p. 298; 1923, p. 400), art. 2 C3 Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67) C4 This Act is not necessarily in the form in which it has effect in Northern Ireland C5 Act, except ss. 8-15, 17, 32-44, 47-57, 59-63, 69-74, 88-95, 115-124, incorporated by S.I. 1991/933, art. 3(1) C6 Act, except ss. 1, 7, 8, 9, 11, 12, 13, 15, 17, 19, 20, 22, 23, 94 and 95, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(a) C7 Act, except ss. 8, 9, 11-15, 32-44, 46-57, 59-62, 94, 95, 97, 115-124, incorporated in part (26.6.1991) by S.I. 1991/1619, art. 3(1) C8 Act incorporated in part (with modifications) (27.6.1991) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), s. 2(1) C9 Act, except ss. 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22, 23, 94 and 95, incorporated (27.6.1991) by London Underground (Victoria) Act 1991 (c. x), s. 3(1)(b) Act, except ss. 8, 11-15, 17 and 46-62 incorporated in part (with modifications) (28.9.1991) by S.I. 1991/2194, art. 3(1) Act, except ss. 8, 11-15, 17, 46-67 incorporated in part (with modifications) (26.11.1991) by S.I. 1991/2682, art. 3(1) Act, except ss. 7-9, 11-15, 17, 19, 20, 22, 23, 94, 95 incorporated in part (with modifications) (28.11.1991) by London Underground (Safety Measures) Act (c. xviii), s.3 Act, except ss. 8, 17, 46, 49, 50, 51 and 52, incorporated in part (with modifications) (6.12.1991) by S.I. 1991/2812, art. 3(1) C10 Act (subject to exceptions) incorporated with modifications (13.2.1992) by British Railways Act 1992 (c. i), ss. 3,17(6) C11 Act (subject to exceptions) incorporated with modifications (16.3.1992) by London Underground Act 1992 (c. iii), s.3 2 Railways Clauses Consolidation Act 1845 (c. 20) Document Generated: 2021-07-02 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Railways Clauses Consolidation Act 1845. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes C12 Act incorporated with modifications (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s.3 C13 Act incorporated in part with modifications (16.3.1992) by Avon Weir Act 1992 (c. v), s.3 Act (subject to exceptions) incorporated with modifications (29.4.1992) by S.I. 1992/1113, art.3 Act incorporated in part with modifications (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(a)(2) Act incorporated in part with modifications (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), s. 3(1) C14 Act incorporated in part with modifications (27.5.1993) by 1993 c. vii, s. 3(1)(b)(2)(3) Act incorporated in part with modifications (1.7.1993) by 1993 c. ix, s. 3(1)(b)(2)(3) Act incorporated in part with modifications (29.3.1993) by 1993 c. iv, s. 3(1)(2) Act incorporated in part with modifications (22.6.1993) by S.I. 1993/1607, art.3(1)(2) Act incorporated in part with modifications (26.3.1993) by S.I. 1993/1083, art.3(1)(2) Act incorporated in part with modifications (29.1.1993) by 1993 c. i, s. 3 Act incorporated in part with modifications (27.7.1993) by 1993 c. xv, s. 3 Act incorporated in part (with modifications) (4.3.1994) by S.I. 1994/691, art. 3(1) Act incorporated in part (with modifications) (14.5.1994) by S.I. 1994/1331, art. 3(1)(2) Act incorporated in part (with modifications) (1.7.1994) by S.I. 1994/1761, art. 3(1)(2) Act incorporated in part (with modifications) (31.3.1994) by 1994 c. iv, s. 3(1)(a)(2)(a) Act incorporated in part (with modifications) (5.7.1994) by 1994 c. ix, s. 35(b), (2)(3) Act incorporated in part (with modifications) (21.7.1994) by 1994 c. xi, s. 3(1)(3) Act incorporated in part (with modifications) (21.7.1994) by 1994 c. xv, ss. 3(1), 22(f), 34(6)(c) Act incorporated in part (with modifications) (10.5.1995) by S.I. 1995/1300, arts. 3(1), 10(2)(8) Act incorporated in part (with modifications) (18.12.1996) by 1996 c. 61, ss. 3, 20, Sch. 3 para. 12, Sch. 9 Pt. I para. 1 Act incorporated in part (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(1) (with arts. 10, 11) Act modified (29.7.1995) by S.I. 1995/2412, art. 10(3)(8) C15 Act applied (26.7.1994) by S.I. 1994//1803, art. 11(7) C16 Act incorporated in part (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 3 (with Sch. 3 para. 12) C17 Act excluded (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), art. 17(1)(2) (with art. 42(2)) Commencement Information I1 Act wholly in force at Royal Assent 1 Operation of this Act confined to future railways. This Act shall apply to every railway which shall by any Act which shall hereafter be passed be authorized to be constructed, and this Act shall be incorporated with such Act; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act. Interpretations in this Act And with respect to the construction of this Act and of other Acts to be incorporated therewith, be it enacted as follows: Railways Clauses Consolidation Act 1845 (c. 20) 3 Document Generated: 2021-07-02 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Railways Clauses Consolidation Act 1845. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 2 “Special Act:” The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the construction of a railway, and with which this Act shall be so incorporated as aforesaid; and the word “prescribed” used in this Act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act; and the sentence in which such word shall occur shall be construed as if instead of the word “prescribed” the expression “prescribed for that purpose in the special Act” had been used; and the expression “the lands” shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression “the undertaking” shall mean the railway and works, of whatever description, by the special Act authorized to be executed. 3 Interpretations in this and the special Act: The following words and expressions, both in this and the special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,) Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number: Words importing the masculine gender only shall include females: The word “lands” shall include messuages, lands, tenements, and hereditaments, of any tenure The word “lease” shall include an agreement for a lease: The word “toll” shall include any rate or charge or other payment payable under the special Act . F1 for any passenger, animal, carriage, goods, merchandize, articles, matters, or things, conveyed on the railway: The word “goods” shall include things of every kind conveyed upon the railway: Theword “month” shall mean calendar month: The expression “superior courts” shall mean her Majesty’s superior courts of record at [F2The Royal Courts of Justice] or [F3Belfast], as the case may require: .
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